Fee Simple Subject To A Condition Subsequent

An example of a fee simple subject to condition subsequent would be. A fee simple that the grantor has the power to terminate upon the occurrence of a stated event not certain ever to occur.

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Fee simple subject to condition subsequent.

Fee simple subject to a condition subsequent. Fee simple subject to a condition subsequent definition. Fee simple subject to condition subsequent. Noun fee simple subject to condition subsequent plural fee simples subject to condition subsequent.

The major difference is that while a fee simple determinable automatically ends if the grantee the person who received the land does not fulfill the condition the grantee s interest in a fee simple subject to condition subsequent does not automatically end if the event or condition occurs. Upon occurrence of the condition the grantor may decide to retake ownership or not. In order to convey a fee simple subject to condition subsequent the words of conveyance must state that the original owner can retake the property if the condition is violated.

If x event occurs grantor reserves the right to reenter and retake. A fee simple subject to a condition subsequent is created when the words of a grant support the conclusion that the grantor intends to convey a fee simple absolute but has attached a condition to the grant so that if a specified future event happens the grantor will get its fee simple absolute back provided that the grantor exercises his right of entry or power of termination. Fee simple subject to condition subsequent noun a defeasible fee created with language reserving the right of the grantor to reclaim ownership of the land upon the occurrence of a specified condition e g.

The fee simple subject to condition subsequent is very similar to the fee simple determinable. A right in land may be cut off by a condition subsequent. If x event occurs grantor reserves the right to reenter and retake.

When land rights are subject to a condition subsequent this creates a defeasable fee called a fee simple subject to condition subsequent. Established by conditional language these estates are followed by a right of entry. If the triggering event occurs the holder must take steps to establish possession of the land.

Plural fee simples subject to condition subsequent law a defeasible fee created with language reserving the right of the grantor to reclaim ownership of the land upon the occurrence of a specified condition e g. In such a fee the future interest is called a right of reentry or right of entry there the fee simple subject to condition subsequent does not end automatically upon the happening of the condition but if the specified future event. Upon occurrence of the condition the grantor may decide to retake ownership or not.

The estate is similar to a fee simple but has a condition attached. A to b but if the property is used for commercial purposes then a has a right of reentry.

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